I recently bought a house at the trustee sale. I failed to negotiate the CFK agreement with the previous owner and started the eviction process with the help from an eviction service company. To my surprise, the previous owner answered. They claim that I am not the true owner of the Property. The reason they gave is that the Trustee failed to provide the “chain of title”, saying that Trustee (of the sale) violated RESPA and didn’t notify them about the pending sale. They also claim that the note was transferred to multiple parties and I (Plaintiff) cannot specify the actual parties to whom the note was transferred to.
I don’t know whether there is any base to their claim. As far as I can tell, I’ve followed all the advices I can find here, such as when to record the title etc. The eviction service company also told me that this was the first time they have seen such a claim that uses such claim.
What’s the chance of my wining this case? It seems to me that if I lose this case, all trustee sale buyers would be burdened with the responsibility to figure out the whether the lender that the trustee represents truly has the Notes with them. (Yeah, I have seen the Florida case where a foreclosed property owner got away with a free and clear house because the lender failed to produce the Notes.)
Any suggestions? Experiences?